Compensation for problems during air travel

A consumer flew from Berlin to Casablanca, with a stopover in Agadir. Her first flight was delayed and she was not allowed to board the second one. Her place had been given to another passenger. In the end, she reached her final destination with a delay of four hours.

According to the EU air passenger rights regulation, she is entitled to compensation. However, the airline refused to pay, arguing that the regulation would not apply to the flight Agadir-Casablanca as it was completely outside of the EU.

One booking, one flight

The district court of Berlin asked the European Court of Justice (ECJ) to clarify this legal matter. The ECJ decided that the consumer actually has a right to compensation. The main condition is that both flights are booked at once. They are booked as a single unit and must therefore be considered as a single connecting flight.

Furthermore, the regulation applies when either the point of departure or the final destination lies within the EU. In this specific case, the respective flight was completely outside the EU, but the first flight left from Berlin and therefore from a Member State.